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| Supreme Court Opened up a Can of Worms, Not Agreeing with Taking Out Corruption in OUR SYSTOM! Hope their wearing their bullet proofs! :)
http://www.tampabay.com/opinion/editorials/brooksville-detective-shawn-terry-stains-police-departments-reputation/1054994 How do you get promoted at the Brooksville Police Department? • Lie under oath. Bring doubt on your personal integrity. Disparage the professionalism of the entire force with your behavior. It worked for Shawn Terry, who got elevated to detective in October despite a record of professional conduct that included seven citizen complaints in his first 17 months with the department, as well as an episode in which he coerced a witness into making false statements and then was caught lying about it in a deposition. Terry's reputation is so tarnished by telling falsehoods that prosecutors are rightfully leery of his courtroom credibility. Chief George Turner called Terry a "fine officer." Clearly, Turner's performance standards need adjusting. His praise insults other officers who do their jobs by the book absent abuse allegations and questions of perjury. As Times staff writer John Frank reported last week, Terry's resume also includes more than a half-dozen years at the Hernando County Sheriff's Office, where over a 16-month period, one in seven people he arrested faced charges of obstruction, battery on a law officer or both. That is some record of productivity, more than doubling the number of resisting-arrest charges compiled by any of his peers in the department. Allegations of excessive force, profane language, policy violations and reprimands became so common, Sheriff Richard Nugent said he was concerned about the number of citizen complaints directed at Terry. The concern was short lived. Nugent, as Chief Turner did five years later, promoted Terry to detective. Terry rewarded the sheriff's faith by raising suspicions that he began a sexual relationship with a woman after arresting her ex-husband on allegations of molesting the couple's 6-year-old daughter. Terry denied the sexual relationship, declined to take a stress test for truthfulness and resigned amid pending internal investigations that later cast doubt on the woman's statements. He was cleared, but so was the woman's ex-husband, Ron Shelton, who is now suing the Sheriff's Office after spending 10 months in jail. Terry wasn't out of a job, though — the Brooksville Police Department ignored the red flags and hired him. Providing a safe landing zone for Terry illustrated the dubious judgment of former Chief Ed Tincher. But, allowing the officer to remain on duty and then promoting him after his behavior in an October 2007 traffic-stop-turned-cocaine-possession arrest clouds Turner's leadership. In that case, a video camera inside a patrol car recorded Terry badgering 19-year-old Jeffrey Stephens into implicating his cousin for cocaine possession after officers discovered a brick of cocaine in the pair's vehicle. In a sworn statement, Terry denied any role in threatening Stephens, coaching the driver's story or making him rewrite his statement to fit Terry's arrest needs. Authorities soon dropped the case and defense attorney Chip Mander reported a possible perjury charge against Terry. The chief later reprimanded Terry, not for his behavior inside the patrol car with Stephens, but for failing to prepare properly for his deposition. In other words, no discussion of Terry's tactics, just a slap on the wrist for not being a better liar. The community deserves better from its public servants. Terry's recent promotion also indicates a department willing to forgive and forget. Unfortunately, that characteristic will not be shared by officers of the court. Terry's record gives defense attorneys ample ammunition to cast doubt on all the cases in which he comes into contact. The chief of police shouldn't allow that to happen. http://www.tampabay.com/news/politics/stateroundup/florida-supreme-court-rejects-crists-petition-for-grand-jury-to/1055470 TALLAHASSEE — Gov. Charlie Crist's call for a statewide grand jury to investigate political corruption was rejected Monday by the Florida Supreme Court as too vague, so the governor's office quickly refiled its request. By a 6-1 vote, the court issued a terse two-paragraph order dismissing Crist's petition on the ground that "the minimum requirements to impanel a statewide grand jury have not been established." The court cited a requirement that the petition state the general crimes to be investigated "and shall state that said crimes or wrongs are of a multi-circuit nature." Florida has 20 judicial circuits, most of which are composed of more than one county. Three of the four justices appointed by Crist were in the majority. The fourth, Justice Charles Canady, was the lone dissenter. Crist's amended petition included a lengthy list of specific crimes to be investigated and adds the following: "These crimes are of a multi-circuit nature, occurring in two or more judicial circuits." The Republican governor, a candidate for U.S. Senate, called for the statewide grand jury on Oct. 14, citing a "rash of crimes" by public officials in Florida. His action quickly followed a series of explosive public corruption cases, all in South Florida, including the indictments of prominent GOP fundraiser Alan Mendelsohn; Broward County Commissioner Josephus Eggelletion; Broward School Board member Beverly Gallagher; and former Miramar City Commissioner Fitzroy Salesman. Monday's court order may prove to be short-lived, but it marks the third time the state's highest court has handed Crist an unfavorable decision. The court previously rejected Crist's gambling compact with the Seminole Tribe of Florida and told the governor he had to pick an appeals court judge from a list of finalists submitted to him by a nominating panel. The grand jury corruption probe would be led by Statewide Prosecutor Bill Shepherd, who reports to Attorney General Bill McCollum. "Florida has seen too many cases of political corruption and our statewide prosecutor stands ready to act if a statewide grand jury is convened," McCollum said in a statement. Steve Bousquet can be reached at bousquet@sptimes.com or (850) 224-7263. Lookingthruwolfseyes wrote: FIX THE DARN COMMENT LINK! The Dont want the Corruption Stopped Because Theres Probably a Zillion Cases THEY WERE CORRUPT IN. IF THEY WERENT CORRUPT IN THE SUPREME COURT, THEY WOULD OF VOTED NO PROBLEM DO IT!BUT JUST LET THERE BE MORE RAMP PAGE SHOOTINGS BECAUSE OF THE CORRUPTION PEOPLE ARE GETTING FED UP PUTTING THE LAW INTO THEIR OWN HAND'S.SO DON"T COME CRYING TO US,WHEN Gov Official's GET KILLED! BECAUSE THE PRESS ISN"T GOING TO SAY WHAT THE REASON WAS,BUT WERE NOT ALL BLASTED IDIOT'S TO KNOW WHY, THERE ARE RAMP PAGE SHOOTINGS.FOR THE CORRUPTION THEY DO IN PEOPLES LIVES TO DESTROY IT, THEY DESERVE IT! CHARLIE CRIST IS ONLY TRYN TO SAVE THIS FROM HAPPENING.MY NEXT WORRY WOULD BE IS WHO'S IN THE SUPREME COURT , THAT MIGHT NOT HAVE A JOB LONG! Dec 2nd, 2009 8:19 PM [Last modified: Nov 28, 2009 09:59 AM] Supreme Court Denied Charlie Crist Needs for a Grand Jury on Corruption with County Officials???? I SAY THE SUPREME COURT MUST BE WORRIED ABOUT ALL THE CORRUPTION WITHIN THOSE COURTS THEN TO SAY"GO AHEAD" THIS INTIRE COUNTY EVERYONE HAS A PAPER TRAIL THATS BOGUS BULL CRAP, THAT DEPUTYS LIE ON ALL REPORTS WERE NOT TALKING WHITE LIE'S OR LIL LIE'S WERE TALKING THESE DEPUTYS ARE REALLY MENTALLY ILL ROYALLY,THEY EVEN GET AWAY WITH MURDER.OOOPS ITS A SUICIDE!THE WING NUT"S THAT WORK FOR OUR GOV.NEED TO BE PUT IN JAIL.STARTING FROM CORRUPT JUDGES,COUNTY ATTORNEY JON JOUBEN,TO ANIMAL CONTROL STEALING AND PROFITTING OFF EVERYONES ANIMAL"S SHOWING FALSE EVIDENCE OF OTHER PEOPLES ANIMALS,FROM COUNTY ZONING,LYING PUTTING LEANS ON EVERYONES HOMES LYING IN COURT,TO PEYTON HYSLOP BEING RING LEADER OF IT ALL HELPING THE COUNTY CONVICT HIS OWN CLIENTS OF THINGS THEY DID NOT DO NOT DEFENDING THEM!THEY SAY YOU CAN'T FIGHT CITY HALL, WATCH ME...THEY ARE ON IT.I CANT WAIT TILL THEIR BEHIND BAR"S!20yrs RICO ACT I SAY THE SUPREME COURT HOPES THEY WEAR THEIR BULLET PROOF VEST!MIGHT NEED BULLET PROOF HELMETS TOO! :) Don't you think Citizen's are getting a bit fed up being lyed about?Don't you think there tired of their lives being destroyed by corrupt people in our Gov?You have numerous of crimes THEY COMMIT,Get away with it.People are fed up!BY TERRORISING FAMILIES THEY WAY THEY DO,MORE PEOPLE AND CHILDREN GET POST TRAMATIC.POST TRAMATIC IT ONLY TAKES A FRACTION OF REPEATED CORRUPTION,AND THEY SNAP!SO DON'T GO CRY'N, WHEN A VICTOM IS VICTOMIZED,AND RETAILIATES!BECAUSE PEOPLE HATE LYERS AND THIEVES!AND ANY ONE DESTROYING THERE REPUTATION AND FAMILIES! Bailout wrote: ROFL....just another thing this governor can not do correctly. This is nothing more than a "Look what a good guy I am!" If it were sincere, it would have been done correctly the FIRST time. Dec 1st, 2009 6:22 PM "BAILOUT" ? YOUR TIMES UP, THEY ARE LOOKING FOR YOU TO GO TAKE YOUR MED'S! I mean after all, Don't you think it's pretty Pitaful you guys are aiding crime in our systom?What do you all do at work? Don't you think I have better thing's to do then to Grab all the evidence I can,To prove Corruption, that shouldn't be there to begin with?Don't you feel like MAYBE THERE'S JUST PEOPLE IN OUR GOVERNMENT THAT ARE TRYN TO DO A EXCELLANT JOB,THAT ALL THOSE IDIOT'S ARE DOING IS RUINING THE REPUTATION'S OF THOSE PEOPLE?MORE CRIMES GOING TO HAPPEN.PEOPLE ARE ALREADY HURTING NOW KEVIN, THE SLIGHTEST LIL THING THE SYSTOMS GOING TO DO TO PEOPLE IS REALLY GOING TO SET THEM OFF LIKE FIRE CRACKERS.TO SAY THE LEAST.ESPEACILLY WHEN ITS CORRUPT.MOST PEOPLE Are Getting FED UP,TAKING THE LAW IN THERE OWN HANDS. I WAS WRITING A BOOK KEVIN.BUT MY BOOK IS SO LARGE OF CORRUPTION ILL HAVE TO WRITE IT IN 3 SERIES! " Dust in the Wind, Lookingthruwolfseyes, Windinmyhair."What are we going to do Kevin about the Supreme Court?Did you ever see the Judge in it?Holy Shit,he's the size of a foot ball field! I think that's very Noble of Charlie Crist trying to help us! Tell me Kevin, Why does the World have to be so f up?Why can't we all, get corruption out?Why can't we Scare the life out of the lyer's in our Gov.LOCK THEM UP! Will I ever Complete these books?I surely hope so!But when I get through with it,We'll see who the real hero's are. BUT ALWAYS REMEMBER,GOD SEE"S EVERYTHING THATS GOING ON.WHAT WE DO ON EARTH AND THINK WERE GETTING AWAY WITH....WERE NOT. So Sarah Palin, Your a Very Mentally Ill person to be killing God Creatures.You will be cursed in your life, as God Already has, hopefully 'You" will never be forgiven for killing harmless animal's your too stupid to have any knowledge about.Anyone who follow's her,must be ignorant too~You will be cursed, I will watch your every down fall. You have to Con people to buy your book, Other wise, Know one would of Boughten it!The Plastic SMILE with a Heart of STONE! I do believe the Worlds Coming to a end, in 2 years.Why? LOOK AROUND AT ALL THE PEOPLE, AND WHAT DO YOU SEE?HOW MANY CHRISTIANS ARE THERE IN 10 PEOPLE? HOW MANY IN 100?Having a Crimminal Mind, Does not make someone a Christian.Just someone thats monipulating, justifying in there own noggins they are rightous.But God doesn't look at it that way! This World is Filled with Crime, Haterid.What are we going to do? PRAY???? ARE WE GOING TO PRAY, WHEN WERE LOCKED UP IN JAIL FOR THINGS WE DID NOT DO?ARE WE GOING TO PRAY WHEN THERES NO FOOD ON OUR TABLES?ARE WE GOING TO PRAY,WHEN WERE HOMELESS IN HURRICAN WEATHER?ARE WE GOING TO PRAY WHEN SOMEONE RAPES US GIVES US AIDS?ARE WE GOING TO PRAY WHEN SOLDIERS KILL CHILDREN AND HAVE TO LIVE IN THEIR MINDS THE REST OF THERE LIVES NOT BEING ABLE TO ERRASE THAT? IF YOU CAN"T SEE GOD AND JESUS CRYN OVER HIS CHILDREN ACTING LIKE FOOL'S,THEN YOU ARE BLIND. BECAUSE GOD WILL WIPE OUT THE WORLD FROM SIN! ITS GOING TO HAPPEN.PEOPLE HAVE TO CHANGE,AND FAST! WE ALL HAVE TO ANSWER TO HIM......NOT YOU! http://www2.hernandotoday.com/content/2009/dec/02/deputy-demoted-poor-judgment/#comments Published: December 2, 2009 BROOKSVILLE - A sheriff's deputy has been demoted from his detective role but will be put back on patrol duty in light of friends and family refusing to cooperate with an internal affairs investigation concerning possible misconduct. In a letter following his review of the internal investigation, Hernando County Sheriff Richard Nugent wrote that he is disappointed by the conduct of Deputy Jeffrey Swartz, who was charged with misdemeanor domestic battery in October stemming from a domestic dispute with his wife. Swartz was arrested about 5:30 a.m. Oct. 3, according to a sheriff's report, after allegedly pushing his wife down on their bedroom floor, grabbing her by the neck and later grabbing her by the arms so she couldn't break loose. Prosecutors later dropped charges against Swartz, who claimed he was restraining her for her own protection after she became intoxicated and "lost control." However, Nugent wrote that Swartz could have handled the entire affair differently. "It is my opinion that the exercise of poor judgment on your part contributed directly to the incident at your home," Nugent wrote. "Your statement that the event has resulted in embarrassment for both your family and this agency is correct." Nugent said during a phone interview that Swartz's claims that his wife has a drinking problem should have been a warning sign that he shouldn't have started drinking with her. According to sheriff reports, the couple was drinking with friends hours past midnight while their three children were asleep. "You can't claim that your wife has an alcohol problem and then establish that you fed her booze," Nugent said. He added that Swartz was deflecting questions from investigators at his home and should have handled their inquiries more professionally, especially as a detective for the department. However, he said because Swartz's wife and friends wouldn't cooperate with an internal affairs investigator, she was forced to conclude that the possible conduct unbecoming violation was "unfounded." In his inner office letter, Nugent said he was forced to agree. However, he said there are still consequences to Swartz's actions that night, with a demotion from investigator to patrolman again with the same pay. "He's now back to riding in a green and white patrol car," Nugent said. "That's all because of his actions and no one else's." Reporter Jeff Schmucker can be reached at 352-544-5271 or jschmucker@hernandotoday.com. TOPICS IN THIS ARTICLE Reader Comments Voice your opinion by posting a comment. 1 The Intire Sheriffs Dept Is the Sorriest Excuse for a Sheriffs Dept, I've ever Witnessed My Intire Life!They all Lie on Reports, They All Set up People, They all Lie and say People admit to crimes to convict them, They all Steal all you have, They all do Illegal things that out do the Crimminal's in our County. Everyone has a Bogus rap sheet a mile long living here,Suicides are MURDERS they cover up,They Commit Perjury in Court.DO I NEED TO GO FURTHER? Well,I AM, And there on it. IF ANYONE HAS CORRUPTION DONE TO THEM BY THIS COUNTY,CALL ME!DONT TELL ME YOU CAN"T FIGHT CITY HALL! "READ MY LIP'S>>>----> WATCH ME<----<<< IT! ON ARE Lookingthruwolfseyes wrote: They Dont want the Corruption Stopped Because Theres Probably a Zillion Cases THEY WERE CORRUPT IN. IF THEY WERENT CORRUPT IN THE SUPREME COURT, THEY WOULD OF VOTED NO PROBLEM DO IT!BUT JUST LET THERE BE MORE RAMP PAGE SHOOTINGS BECAUSE OF THE CORRUPTION PEOPLE ARE GETTING FED UP PUTTING THE LAW INTO THEIR OWN HAND'S.SO DON"T COME CRYING TO US,WHEN Gov Official's GET KILLED! BECAUSE THE PRESS ISN"T GOING TO SAY WHAT THE REAL REASON WAS,BUT WERE NOT ALL BLASTED IDIOT'S TO KNOW WHY, THERE ARE RAMP PAGE SHOOTINGS.FOR THE CORRUPTION THEY DO IN PEOPLES LIVES TO DESTROY IT, THEY DESERVE IT! CHARLIE CRIST IS ONLY TRYN TO SAVE THIS FROM HAPPENING.MY NEXT WORRY WOULD BE IS WHO'S IN THE SUPREME COURT , THAT MIGHT NOT HAVE A JOB LONG! Dec 2nd, 2009 8:19 PM [Last modified: Nov 28, 2009 09:59 AM] Supreme Court Denied Charlie Crist Needs for a Grand Jury on Corruption with County Officials???? I SAY THE SUPREME COURT MUST BE WORRIED ABOUT ALL THE CORRUPTION WITHIN THOSE COURTS THEN TO SAY"GO AHEAD" THIS INTIRE COUNTY EVERYONE HAS A PAPER TRAIL THATS BOGUS BULL CRAP, THAT DEPUTYS LIE ON ALL REPORTS WERE NOT TALKING WHITE LIE'S OR LIL LIE'S WERE TALKING THESE DEPUTYS ARE REALLY MENTALLY ILL ROYALLY,THEY EVEN GET AWAY WITH MURDER.OOOPS ITS A SUICIDE!THE WING NUT"S THAT WORK FOR OUR GOV.NEED TO BE PUT IN JAIL.STARTING FROM CORRUPT JUDGES,COUNTY ATTORNEY JON JOUBEN,TO ANIMAL CONTROL STEALING AND PROFITTING OFF EVERYONES ANIMAL"S SHOWING FALSE EVIDENCE OF OTHER PEOPLES ANIMALS,FROM COUNTY ZONING,LYING PUTTING LEANS ON EVERYONES HOMES LYING IN COURT,TO PEYTON HYSLOP X Judge BEING RING LEADER OF IT ALL HELPING THE COUNTY CONVICT HIS OWN CLIENTS OF THINGS THEY DID NOT DO, NOT DEFENDING THEM!THEY SAY YOU CAN'T FIGHT CITY HALL, WATCH ME...THEY ARE ON IT.I CANT WAIT TILL THEIR BEHIND BAR"S!20yrs RICO ACT MIGHT NEED BULLET PROOF HELMETS TOO! :) Don't you think Citizen's are getting a bit fed up being lyed about?Don't you think there tired of their lives being destroyed by corrupt people in our Gov?You have numerous of crimes THEY COMMIT,Get away with it.People are fed up!BY TERRORISING FAMILIES THEY WAY THEY DO,MORE PEOPLE AND CHILDREN GET POST TRAMATIC.POST TRAMATIC IT ONLY TAKES A FRACTION OF REPEATED CORRUPTION,AND THEY SNAP!SO DON'T GO CRY'N, WHEN A VICTOM IS VICTOMIZED,AND RETAILIATES!BECAUSE PEOPLE HATE LYERS AND THIEVES!AND ANY ONE DESTROYING THERE REPUTATION AND FAMILIES! Bailout wrote: ROFL....just another thing this governor can not do correctly. This is nothing more than a "Look what a good guy I am!" If it were sincere, it would have been done correctly the FIRST time. Dec 1st, 2009 6:22 PM "BAILOUT" ? YOUR TIMES UP, THEY ARE LOOKING FOR YOU TO GO TAKE YOUR MED'S! I mean after all, Don't you think it's pretty Pitaful you guys are aiding crime in our systom?What do you all do at work? Don't you think I have better thing's to do then to Grab all the evidence I can,To prove Corruption, that shouldn't be there to begin with?Don't you feel like MAYBE THERE'S JUST PEOPLE IN OUR GOVERNMENT THAT ARE TRYN TO DO A EXCELLANT JOB,THAT ALL THOSE IDIOT'S ARE DOING IS RUINING THE REPUTATION'S OF THOSE PEOPLE?MORE CRIMES GOING TO HAPPEN.PEOPLE ARE ALREADY HURTING NOW, THE SLIGHTEST LIL THING THE SYSTOMS GOING TO DO TO PEOPLE IS REALLY GOING TO SET THEM OFF LIKE FIRE CRACKERS.TO SAY THE LEAST.ESPEACILLY WHEN ITS CORRUPT.MOST PEOPLE Are Getting FED UP,TAKING THE LAW IN THERE OWN HANDS. I WAS WRITING A BOOK.BUT MY BOOK IS SO LARGE OF CORRUPTION ILL HAVE TO WRITE IT IN 3 SERIES! " Dust in the Wind, Lookingthruwolfseyes, Windinmyhair."What are we going to do Kevin Callahan about the Supreme Court? I think that's very Noble of Charlie Crist trying to help us! Why does the World have to be so f up?Why can't we all, get corruption out?Why can't we Scare the life out of the lyer's in our Gov.sworn to tell the truth but lie out their azz to convict innocent people.'PRISON"! BUT ALWAYS REMEMBER,GOD SEE"S EVERYTHING THATS GOING ON.WHAT WE DO ON EARTH AND THINK WERE GETTING AWAY WITH....WERE NOT. So Sarah Palin, Your a Very Mentally Ill person to be killing God Creatures.You will be cursed in your life, as God Already has, hopefully 'You" will never be forgiven for killing harmless animal's your too stupid to have any knowledge about.Anyone who follow's her,must be ignorant too~You will be cursed, I will watch your every down fall. You have to Con people to buy your book, Other wise, Know one would of Boughten it!The Plastic SMILE with a Heart of STONE!DEVIL IN DISQUISE! |
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| Statute for search warrants, Florida
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL= Ch0933/titl0933.htm&StatuteYear=2006&Title=-%3E2006-%3EChapter%20933 |
| LAWS AND STATUES |
| SEARCH WARRANT
(THATS WHY THEIR SAYING THERES A MISSING CHILD,FRAUD ENTRY TO GET ANIMALS) An official order authorizing a search of someone's home or other location. The controlling principles governing search warrants are generally provided by the U.S. Constitution's Fourth Amendment. The procedure for obtaining a search warrant involves an ex parte presentation to the magistrate of an affidavit by the law enforcement officer seeking the warrant and requesting the magistrate to issue the warrant based on "'the probability, and not a prima facie showing, of criminal activity . . . .' " Illinois v. Gates (1983) 462 U.S. 213, 235; People v. Von Villas (1992) 11 Cal.App.4th 175, 217 ["To establish probable cause, one must show a probability of criminal activity; a prima facie showing is not required."] "knock and announce" requirement of 18 U.S.C. section 3109 Under 18 U.S.C. section 3109, an officer is permitted to "break open any outer or inner door of a house . . . to execute a search warrant," but only if "after notice of his authority and purpose," he is refused admittance. There are three interests that the "knock and announce" requirement of section 3109 is intended to serve. This requirement (1) reduces the potential for violence to both police officers and the occupants of the house into which entry is sought (safety interest); (2) guards against the needless destruction of private property (property interest); and (3) symbolizes respect for individual privacy (privacy interest). Id. at 588. A defendant has standing to challenge the legality of a search on Fourth Amendment grounds only if he has a "legitimate expectation of privacy" in the place searched. Rakas v. Illinois, 439 U.S. 128, 148 (1978). The defendant bears the burden of establishing his legitimate expectation of privacy. Rawlings v. Kentucky, 448 U.S. 98, 104 (1980). A mere possessory interest in the item seized does not by itself confer standing to challenge the search of the place in which the item was found. Legal "possession of a seized good [is not] a substitute for a factual finding that the owner of the good had a legitimate expectation of privacy in the area searched." United States v. Salvucci, 448 U.S. 83, 92 (1980). Thus, there is no standing simply because someone was charged with a possessory crime. A warrant requiring the officer to whom it is addressed, to search a house or other place therein specified, for property therein alleged to have been stolen; and if the same shall be found upon such search, to bring the goods so found, together with the body of the person occupying the same, who is named, before the justice or other officer granting the warrant, or some other justice of the peace, or other lawfully authorized officer. It should be given under the hand and seal of the justice, and dated. The Constitution of the United States, Amendment IV, declares that "the right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated; and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized." Lord Hale recommends great caution in granting such warrants. 1. That they be, not granted without oath made before a justice of a felony committed, and that the complainant has probable cause to suspect they are in such a house or place, and his reasons for such suspicion. 2. That such warrants express that the search shall be made in day time. 3. That they ought to be directed to a constable or other proper officer, and not to a private person. 4. A search warrant ought to command the officer to bring the stolen goods and the person in whose custody they are, before some justice of the peace. |
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| ''Wolf Eye's" Mean's seeker of the Truth |
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| I am not a attorney but; 1. I beat a custody battle not just once but twice against the two best attorneys in tampa,fl. 2. i just won a case me versing a trust.In which a trust has the most power, I dont think so. 3.COURT SYSTOM IS LIKE A CHESS GAME.YOU HAVE TO OUT SMART THEM. MAYBE NOT THROUGH THE MOTION'S THEY WANT YOU TOO...YOU HAVE TO USE YOUR OWN STRAGITY.YOU CAN DO IT, JUST DON'T GIVE UP AND STAY STRONG. |
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| IF YOU THINK COP'S,DEPUTY'S ,THEE SHERIFF,ANIMAL CONTROL, COUNTY ATTORNEYS, STATES ATTORNEY'S ARE HONEST PEOPLE.. "THINK AGAIN!!!!" |
| I HAVE MANY STATUES AND LAW'S THAT WILL HELP BREEDER'S, RESCUE'S OR JUST ANIMAL LOVER'S.NEW RE CONSTRUCTED SITE GOING BACK UP. |
| 56. 828.42 f.s.
Score: 87.9% Abstract: (1) A person who intentionally causes physical disruption to the property, personnel, or operations of an animal enterprise by intentionally stealing, damaging, or causing the loss of, any property, including animals or records, used by the animal enterprise, and thereby causes economic damage, commits a felony of the third degree, punishable as provided in s. (3) A person who violates subsection (1), if such violation results in economic damage exceeding $10,000, commits a felony of the ... |
| TITLE 7 > CHAPTER 54 > § 2131
NOTES: Source (Pub. L. 89–544, § 1(b), formerly § 1, Aug. 24, 1966, 80 Stat. 350; Pub. L. 91–579, § 2, Dec. 24, 1970, 84 Stat. 1560; renumbered and amended Pub. L. 94–279, § 2, Apr. 22, 1976, 90 Stat. 417.) Amendments 1976—Pub. L. 94–279 restated and expanded objectives of this chapter to include regulation of animals and activities in, or substantially affecting, interstate or foreign commerce in order to prevent and eliminate burdens on such commerce and to assure the humane treatment of animals during transportation. 1970—Pub. L. 91–579 restated objectives to include all animals as defined instead of only cats and dogs and expanded coverage to regulate animals intended for use for exhibition purposes or for use as pets. Effective Date of 1985 Amendment Pub. L. 99–198, title XVII, § 1759, Dec. 23, 1985, 99 Stat. 1650, provided that: “This subtitle [subtitle F (§§ 1751–1759), enacting section 2157 of this title, amending sections 2132, 2143 to 2146, and 2149 of this title, and enacting provisions set out as notes under this section] shall take effect 1 year after the date of the enactment of this Act [Dec. 23, 1985].” Effective Date of 1970 Amendment Section 23 of Pub. L. 91–579 provided that: “The amendments made by this Act [enacting section 2155 of this title, amending this section and sections 2132, 2133, 2134, 2135, 2136, 2137, 2138, 2139, 2140, 2141, 2142, 2143, 2144, 2145, 2146, 2147, 2149, and 2150 of this title, repealing section 2148 of this title, and enacting provisions set out as notes under this section] shall take effect one year after the date of enactment of this Act [Dec. 24, 1970], except for the amendments to sections 16, 17, 19, and 20 of the Act of August 24, 1966 [sections 2146, 2147, 2149, and 2150 of this title], which shall become effective thirty days after the date of enactment of this Act [Dec. 24, 1970]”. Short Title of 1976 Amendment Section 1 of Pub. L. 94–279 provided: “That this Act [enacting section 2156 of this title, amending this section, sections 2132, 2134, 2136, 2139 to 2146, 2149, 2153 to 2155 of this title, and section 3001 of Title 39, Postal Service, repealing section 2150 of this title, and enacting provisions set out as notes under this section] may be cited as the ‘Animal Welfare Act Amendments of 1976’.” Short Title of 1970 Amendment Section 1 of Pub. L. 91–579 provided: “That this Act [enacting section 2155 of this title, amending this section and sections 2132, 2133, 2134, 2135, 2136, 2137, 2138, 2139, 2140, 2141, 2142, 2143, 2144, 2145, 2146, 2147, 2149, and 2150 of this title, repealing section 2148 of this title, and enacting provisions set out as notes under this section] may be cited as the ‘Animal Welfare Act of 1970’.” Short Title Section 1(a) of Pub. L. 89–544, as added by section 2 of Pub. L. 94–279, provided: “That this Act [enacting this chapter] may be cited as the ‘Animal Welfare Act’.” Congressional Findings for 1985 Amendment Pub. L. 99–198, title XVII, subtitle F (§§ 1751–1759), § 1751, Dec. 23, 1985, 99 Stat. 1645, provided that: “For the purposes of this subtitle [see Effective Date of 1985 Amendment note above], the Congress finds that— “(1) the use of animals is instrumental in certain research and education for advancing knowledge of cures and treatment for diseases and injuries which afflict both humans and animals; “(2) methods of testing that do not use animals are being and continue to be developed which are faster, less expensive, and more accurate than traditional animal experiments for some purposes and further opportunities exist for the development of these methods of testing; “(3) measures which eliminate or minimize the unnecessary duplication of experiments on animals can result in more productive use of Federal funds; and “(4) measures which help meet the public concern for laboratory animal care and treatment are important in assuring that research will continue to progress.” Extended Definition of “Animal” Pub. L. 99–198, title XVII, 1756(b), Dec. 23, 1985, 99 Stat. 1650, provided that: “For purposes of this Act [see Tables for classification], the term ‘animal’ shall have the same meaning as defined in section 2(g) of the Animal Welfare Act (7 U.S.C. 2132 (g)).” LII has no control over and does not endorse any external Internet site that contains links to or |
| TITLE 18 > PART I > CHAPTER 73 > § 1512
Prev | Next § 1512. Tampering with a witness, victim, or an informant How Current is This? (a) (1) Whoever kills or attempts to kill another person, with intent to— (A) prevent the attendance or testimony of any person in an official proceeding; (B) prevent the production of a record, document, or other object, in an official proceeding; or (C) prevent the communication by any person to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, parole, or release pending judicial proceedings; shall be punished as provided in paragraph (3). (2) Whoever uses physical force or the threat of physical force against any person, or attempts to do so, with intent to— (A) influence, delay, or prevent the testimony of any person in an official proceeding; (B) cause or induce any person to— (i) withhold testimony, or withhold a record, document, or other object, from an official proceeding; (ii) alter, destroy, mutilate, or conceal an object with intent to impair the integrity or availability of the object for use in an official proceeding; (iii) evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official proceeding; or (iv) be absent from an official proceeding to which that person has been summoned by legal process; or (C) hinder, delay, or prevent the communication to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, supervised release, parole, or release pending judicial proceedings; shall be punished as provided in paragraph (3). (3) The punishment for an offense under this subsection is— (A) in the case of a killing, the punishment provided in sections 1111 and 1112; (B) in the case of— (i) an attempt to murder; or (ii) the use or attempted use of physical force against any person; imprisonment for not more than 30 years; and (C) in the case of the threat of use of physical force against any person, imprisonment for not more than 20 years. (b) Whoever knowingly uses intimidation, threatens, or corruptly persuades another person, or attempts to do so, or engages in misleading conduct toward another person, with intent to— (1) influence, delay, or prevent the testimony of any person in an official proceeding; (2) cause or induce any person to— (A) withhold testimony, or withhold a record, document, or other object, from an official proceeding; (B) alter, destroy, mutilate, or conceal an object with intent to impair the object’s integrity or availability for use in an official proceeding; (C) evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official proceeding; or (D) be absent from an official proceeding to which such person has been summoned by legal process; or (3) hinder, delay, or prevent the communication to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation [1] supervised release,,[1] parole, or release pending judicial proceedings; shall be fined under this title or imprisoned not more than 20 years, or both. (c) Whoever corruptly— (1) alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object’s integrity or availability for use in an official proceeding; or (2) otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both. (d) Whoever intentionally harasses another person and thereby hinders, delays, prevents, or dissuades any person from— (1) attending or testifying in an official proceeding; (2) reporting to a law enforcement officer or judge of the United States the commission or possible commission of a Federal offense or a violation of conditions of probation [1] supervised release,,[1] parole, or release pending judicial proceedings; (3) arresting or seeking the arrest of another person in connection with a Federal offense; or (4) causing a criminal prosecution, or a parole or probation revocation proceeding, to be sought or instituted, or assisting in such prosecution or proceeding; or attempts to do so, shall be fined under this title or imprisoned not more than 3 years, or both. (e) In a prosecution for an offense under this section, it is an affirmative defense, as to which the defendant has the burden of proof by a preponderance of the evidence, that the conduct consisted solely of lawful conduct and that the defendant’s sole intention was to encourage, induce, or cause the other person to testify truthfully. (f) For the purposes of this section— (1) an official proceeding need not be pending or about to be instituted at the time of the offense; and (2) the testimony, or the record, document, or other object need not be admissible in evidence or free of a claim of privilege. (g) In a prosecution for an offense under this section, no state of mind need be proved with respect to the circumstance— (1) that the official proceeding before a judge, court, magistrate judge, grand jury, or government agency is before a judge or court of the United States, a United States magistrate judge, a bankruptcy judge, a Federal grand jury, or a Federal Government agency; or (2) that the judge is a judge of the United States or that the law enforcement officer is an officer or employee of the Federal Government or a person authorized to act for or on behalf of the Federal Government or serving the Federal Government as an adviser or consultant. (h) There is extraterritorial Federal jurisdiction over an offense under this section. (i) A prosecution under this section or section 1503 may be brought in the district in which the official proceeding (whether or not pending or about to be instituted) was intended to be affected or in the district in which the conduct constituting the alleged offense occurred. (j) If the offense under this section occurs in connection with a trial of a criminal case, the maximum term of imprisonment which may be imposed for the offense shall be the higher of that otherwise provided by law or the maximum term that could have been imposed for any offense charged in such case. (k) Whoever conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy. Criminal Law, Admiralty / Maritime, Business Law, Car Accidents, Divorce, Domestic Violence, DUI / DWI, Entertainment / Sports, Family Law, General Civil, Injury Law, Insurance Bad Faith, Juvenile Law, Medical Malpractice, Products Liability, Workers' Compensation Spring Hill, FL Kenneth L Foote Criminal Law, Car Accidents, Divorce, Domestic Violence, DUI / DWI, Family Law, General Civil, Injury Law, Insurance Bad Faith, Medical Malpractice Port Richey, FL |
| TITLE 18 > PART I > CHAPTER 73
CHAPTER 73—OBSTRUCTION OF JUSTICE How Current is This? § 1501. Assault on process server § 1502. Resistance to extradition agent § 1503. Influencing or injuring officer or juror generally § 1504. Influencing juror by writing § 1505. Obstruction of proceedings before departments, agencies, and committees § 1506. Theft or alteration of record or process; false bail § 1507. Picketing or parading § 1508. Recording, listening to, or observing proceedings of grand or petit juries while deliberating or voting § 1509. Obstruction of court orders § 1510. Obstruction of criminal investigations § 1511. Obstruction of State or local law enforcement § 1512. Tampering with a witness, victim, or an informant § 1513. Retaliating against a witness, victim, or an informant § 1514. Civil action to restrain harassment of a victim or witness § 1514A. Civil action to protect against retaliation in fraud cases § 1515. Definitions for certain provisions; general provision § 1516. Obstruction of Federal audit § 1517. Obstructing examination of financial institution § 1518. Obstruction of criminal investigations of health care offenses § 1519. Destruction, alteration, or falsification of records in Federal investigations and bankruptcy § 1520. Destruction of corporate audit records § 1521. Retaliating against a Federal judge or Federal law enforcement officer by false claim or slander of title |
| TITLE 18 > PART I > CHAPTER 3 > § 43
Prev | Next § 43. Force, violence, and threats involving animal enterprises How Current is This? (a) Offense.— Whoever travels in interstate or foreign commerce, or uses or causes to be used the mail or any facility of interstate or foreign commerce— (1) for the purpose of damaging or interfering with the operations of an animal enterprise; and (BREEDERS,GROOMERS,PET STORES) (2) in connection with such purpose— (A) intentionally damages or causes the loss of any real or personal property (including animals or records) used by an animal enterprise, or any real or personal property of a person or entity having a connection to, relationship with, or transactions with an animal enterprise; (B) intentionally places a person in reasonable fear of the death of, or serious bodily injury to that person, a member of the immediate family (as defined in section 115) of that person, or a spouse or intimate partner of that person by a course of conduct involving threats, acts of vandalism, property damage, criminal trespass, harassment, or intimidation; or (C) conspires or attempts to do so; shall be punished as provided for in subsection (b). (b) Penalties.— The punishment for a violation of section [1] (a) or an attempt or conspiracy to violate subsection (a) shall be— (1) a fine under this title or imprisonment not [2] more than 1 year, or both, if the offense does not instill in another the reasonable fear of serious bodily injury or death and— (A) the offense results in no economic damage or bodily injury; or (B) the offense results in economic damage that does not exceed $10,000; (2) a fine under this title or imprisonment for not more than 5 years, or both, if no bodily injury occurs and— (A) the offense results in economic damage exceeding $10,000 but not exceeding $100,000; or (B) the offense instills in another the reasonable fear of serious bodily injury or death; (3) a fine under this title or imprisonment for not more than 10 years, or both, if— (A) the offense results in economic damage exceeding $100,000; or (B) the offense results in substantial bodily injury to another individual; (4) a fine under this title or imprisonment for not more than 20 years, or both, if— (A) the offense results in serious bodily injury to another individual; or (B) the offense results in economic damage exceeding $1,000,000; and (5) imprisonment for life or for any terms of years, a fine under this title, or both, if the offense results in death of another individual. (c) Restitution.— An order of restitution under section 3663 or 3663A of this title with respect to a violation of this section may also include restitution— (1) for the reasonable cost of repeating any experimentation that was interrupted or invalidated as a result of the offense; (2) for the loss of food production or farm income reasonably attributable to the offense; and (3) for any other economic damage, including any losses or costs caused by economic disruption, resulting from the offense. (d) Definitions.— As used in this section— (1) the term “animal enterprise” means— (A) a commercial or academic enterprise that uses or sells animals or animal products for profit, food or fiber production, agriculture, education, research, or testing; (B) a zoo, aquarium, animal shelter, pet store, breeder, furrier, circus, or rodeo, or other lawful competitive animal event; or (C) any fair or similar event intended to advance agricultural arts and sciences; (2) the term “course of conduct” means a pattern of conduct composed of 2 or more acts, evidencing a continuity of purpose; (3) the term “economic damage”— (A) means the replacement costs of lost or damaged property or records, the costs of repeating an interrupted or invalidated experiment, the loss of profits, or increased costs, including losses and increased costs resulting from threats, acts or vandalism, property damage, trespass, harassment, or intimidation taken against a person or entity on account of that person’s or entity’s connection to, relationship with, or transactions with the animal enterprise; but (B) does not include any lawful economic disruption (including a lawful boycott) that results from lawful public, governmental, or business reaction to the disclosure of information about an animal enterprise; (4) the term “serious bodily injury” means— (A) injury posing a substantial risk of death; (B) extreme physical pain; (C) protracted and obvious disfigurement; or (D) protracted loss or impairment of the function of a bodily member, organ, or mental faculty; and (5) the term “substantial bodily injury” means— (A) deep cuts and serious burns or abrasions; (B) short-term or nonobvious disfigurement; (C) fractured or dislocated bones, or torn members of the body; (D) significant physical pain; (E) illness; (F) short-term loss or impairment of the function of a bodily member, organ, or mental faculty; or (G) any other significant injury to the body. (e) Rules of Construction.— Nothing in this section shall be construed— (1) to prohibit any expressive conduct (including peaceful picketing or other peaceful demonstration) protected from legal prohibition by the First Amendment to the Constitution; (2) to create new remedies for interference with activities protected by the free speech or free exercise clauses of the First Amendment to the Constitution, regardless of the point of view expressed, or to limit any existing legal remedies for such interference; or (3) to provide exclusive criminal penalties or civil remedies with respect to the conduct prohibited by this action, or to preempt State or local laws that may provide such penalties or remedies. |
| TITLE 28 > PART VI > CHAPTER 171 > § 2679
Prev | Next § 2679. Exclusiveness of remedy How Current is This? (a) The authority of any federal agency to sue and be sued in its own name shall not be construed to authorize suits against such federal agency on claims which are cognizable under section 1346 (b) of this title, and the remedies provided by this title in such cases shall be exclusive. (b) (1) The remedy against the United States provided by sections 1346 (b) and 2672 of this title for injury or loss of property, or personal injury or death arising or resulting from the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment is exclusive of any other civil action or proceeding for money damages by reason of the same subject matter against the employee whose act or omission gave rise to the claim or against the estate of such employee. Any other civil action or proceeding for money damages arising out of or relating to the same subject matter against the employee or the employee’s estate is precluded without regard to when the act or omission occurred. (2) Paragraph (1) does not extend or apply to a civil action against an employee of the Government— (A) which is brought for a violation of the Constitution of the United States, or (B) which is brought for a violation of a statute of the United States under which such action against an individual is otherwise authorized. (c) The Attorney General shall defend any civil action or proceeding brought in any court against any employee of the Government or his estate for any such damage or injury. The employee against whom such civil action or proceeding is brought shall deliver within such time after date of service or knowledge of service as determined by the Attorney General, all process served upon him or an attested true copy thereof to his immediate superior or to whomever was designated by the head of his department to receive such papers and such person shall promptly furnish copies of the pleadings and process therein to the United States attorney for the district embracing the place wherein the proceeding is brought, to the Attorney General, and to the head of his employing Federal agency. (d) (1) Upon certification by the Attorney General that the defendant employee was acting within the scope of his office or employment at the time of the incident out of which the claim arose, any civil action or proceeding commenced upon such claim in a United States district court shall be deemed an action against the United States under the provisions of this title and all references thereto, and the United States shall be substituted as the party defendant. (2) Upon certification by the Attorney General that the defendant employee was acting within the scope of his office or employment at the time of the incident out of which the claim arose, any civil action or proceeding commenced upon such claim in a State court shall be removed without bond at any time before trial by the Attorney General to the district court of the United States for the district and division embracing the place in which the action or proceeding is pending. Such action or proceeding shall be deemed to be an action or proceeding brought against the United States under the provisions of this title and all references thereto, and the United States shall be substituted as the party defendant. This certification of the Attorney General shall conclusively establish scope of office or employment for purposes of removal. (3) In the event that the Attorney General has refused to certify scope of office or employment under this section, the employee may at any time before trial petition the court to find and certify that the employee was acting within the scope of his office or employment. Upon such certification by the court, such action or proceeding shall be deemed to be an action or proceeding brought against the United States under the provisions of this title and all references thereto, and the United States shall be substituted as the party defendant. A copy of the petition shall be served upon the United States in accordance with the provisions of Rule 4(d)(4) of the Federal Rules of Civil Procedure. In the event the petition is filed in a civil action or proceeding pending in a State court, the action or proceeding may be removed without bond by the Attorney General to the district court of the United States for the district and division embracing the place in which it is pending. If, in considering the petition, the district court determines that the employee was not acting within the scope of his office or employment, the action or proceeding shall be remanded to the State court. (4) Upon certification, any action or proceeding subject to paragraph (1), (2), or (3) shall proceed in the same manner as any action against the United States filed pursuant to section 1346 (b) of this title and shall be subject to the limitations and exceptions applicable to those actions. (5) Whenever an action or proceeding in which the United States is substituted as the party defendant under this subsection is dismissed for failure first to present a claim pursuant to section 2675 (a) of this title, such a claim shall be deemed to be timely presented under section 2401 (b) of this title if— (A) the claim would have been timely had it been filed on the date the underlying civil action was commenced, and (B) the claim is presented to the appropriate Federal agency within 60 days after dismissal of the civil action. (e) The Attorney General may compromise or settle any claim asserted in such civil action or proceeding in the manner provided in section 2677, and with the same effect. |
| TITLE 7 > CHAPTER 54 > § 2132
Prev | Next § 2132. Definitions How Current is This? When used in this chapter— (a) The term “person” includes any individual, partnership, firm, joint stock company, corporation, association, trust, estate, or other legal entity; (b) The term “Secretary” means the Secretary of Agriculture of the United States or his representative who shall be an employee of the United States Department of Agriculture; (c) The term “commerce” means trade, traffic, transportation, or other commerce— (1) between a place in a State and any place outside of such State, or between points within the same State but through any place outside thereof, or within any territory, possession, or the District of Columbia; (2) which affects trade, traffic, transportation, or other commerce described in paragraph (1). (d) The term “State” means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, or any other territory or possession of the United States; (e) The term “research facility” means any school (except an elementary or secondary school), institution, organization, or person that uses or intends to use live animals in research, tests, or experiments, and that (1) purchases or transports live animals in commerce, or (2) receives funds under a grant, award, loan, or contract from a department, agency, or instrumentality of the United States for the purpose of carrying out research, tests, or experiments: Provided, That the Secretary may exempt, by regulation, any such school, institution, organization, or person that does not use or intend to use live dogs or cats, except those schools, institutions, organizations, or persons, which use substantial numbers (as determined by the Secretary) of live animals the principal function of which schools, institutions, organizations, or persons, is biomedical research or testing, when in the judgment of the Secretary, any such exemption does not vitiate the purpose of this chapter; (f) The term “dealer” means any person who, in commerce, for compensation or profit, delivers for transportation, or transports, except as a carrier, buys, or sells, or negotiates the purchase or sale of, (1) any dog or other animal whether alive or dead for research, teaching, exhibition, or use as a pet, or (2) any dog for hunting, security, or breeding purposes, except that this term does not include— (i) a retail pet store except such store which sells any animals to a research facility, an exhibitor, or a dealer; or (ii) any person who does not sell, or negotiate the purchase or sale of any wild animal, dog, or cat, and who derives no more than $500 gross income from the sale of other animals during any calendar year; (g) The term “animal” means any live or dead dog, cat, monkey (nonhuman primate mammal), guinea pig, hamster, rabbit, or such other warm-blooded animal, as the Secretary may determine is being used, or is intended for use, for research, testing, experimentation, or exhibition purposes, or as a pet; but such term excludes (1) birds, rats of the genus Rattus, and mice of the genus Mus, bred for use in research, (2) horses not used for research purposes, and (3) other farm animals, such as, but not limited to livestock or poultry, used or intended for use as food or fiber, or livestock or poultry used or intended for use for improving animal nutrition, breeding, management, or production efficiency, or for improving the quality of food or fiber. With respect to a dog, the term means all dogs including those used for hunting, security, or breeding purposes; (h) The term “exhibitor” means any person (public or private) exhibiting any animals, which were purchased in commerce or the intended distribution of which affects commerce, or will affect commerce, to the public for compensation, as determined by the Secretary, and such term includes carnivals, circuses, and zoos exhibiting such animals whether operated for profit or not; but such term excludes retail pet stores, organizations sponsoring and all persons participating in State and country fairs, livestock shows, rodeos, purebred dog and cat shows, and any other fairs or exhibitions intended to advance agricultural arts and sciences, as may be determined by the Secretary; (i) The term “intermediate handler” means any person including a department, agency, or instrumentality of the United States or of any State or local government (other than a dealer, research facility, exhibitor, any person excluded from the definition of a dealer, research facility, or exhibitor, an operator of an auction sale, or a carrier) who is engaged in any business in which he receives custody of animals in connection with their transportation in commerce; (j) The term “carrier” means the operator of any airline, railroad, motor carrier, shipping line, or other enterprise, which is engaged in the business of transporting any animals for hire; (k) The term “Federal agency” means an Executive agency as such term is defined in section 105 of title 5, and with respect to any research facility means the agency from which the research facility receives a Federal award for the conduct of research, experimentation, or testing, involving the use of animals; (l) The term “Federal award for the conduct of research, experimentation, or testing, involving the use of animals” means any mechanism (including a grant, award, loan, contract, or cooperative agreement) under which Federal funds are provided to support the conduct of such research.[1] (m) The term “quorum” means a majority of the Committee members; (n) The term “Committee” means the Institutional Animal Committee established under section 2143 (b) of this title; and (o) The term “Federal research facility” means each department, agency, or instrumentality of the United States which uses live animals for research or experimentation. |
| TITLE 7 > CHAPTER 54 > § 2158
Prev | Next § 2158. Protection of pets How Current is This? (a) Holding period (1) Requirement In the case of each dog or cat acquired by an entity described in paragraph (2), such entity shall hold and care for such dog or cat for a period of not less than five days to enable such dog or cat to be recovered by its original owner or adopted by other individuals before such entity sells such dog or cat to a dealer. (2) Entities described An entity subject to paragraph (1) is— (A) each State, county, or city owned and operated pound or shelter; (B) each private entity established for the purpose of caring for animals, such as a humane society, or other organization that is under contract with a State, county, or city that operates as a pound or shelter and that releases animals on a voluntary basis; and (C) each research facility licensed by the Department of Agriculture. (b) Certification (1) In general A dealer may not sell, provide, or make available to any individual or entity a random source dog or cat unless such dealer provides the recipient with a valid certification that meets the requirements of paragraph (2) and indicates compliance with subsection (a) of this section. (2) Requirements A valid certification shall contain— (A) the name, address, and Department of Agriculture license or registration number (if such number exists) of the dealer; (B) the name, address, Department of Agriculture license or registration number (if such number exists), and the signature of the recipient of the dog or cat; (C) a description of the dog or cat being provided that shall include— (i) the species and breed or type of such; (ii) the sex of such; (iii) the date of birth (if known) of such; (iv) the color and any distinctive marking of such; and (v) any other information that the Secretary by regulation shall determine to be appropriate; (D) the name and address of the person, pound, or shelter from which the dog or cat was purchased or otherwise acquired by the dealer, and an assurance that such person, pound, or shelter was notified that such dog or cat may be used for research or educational purposes; (E) the date of the purchase or acquisition referred to in subparagraph (D); (F) a statement by the pound or shelter (if the dealer acquired the dog or cat from such) that it satisfied the requirements of subsection (a) of this section; and (G) any other information that the Secretary of Agriculture by regulation shall determine appropriate. (3) Records The original certification required under paragraph (1) shall accompany the shipment of a dog or cat to be sold, provided, or otherwise made available by the dealer, and shall be kept and maintained by the research facility for a period of at least one year for enforcement purposes. The dealer shall retain one copy of the certification provided under this paragraph for a period of at least one year for enforcement purposes. (4) Transfers In instances where one research facility transfers animals to another research facility a copy of the certificate must accompany such transfer. (5) Modification Certification requirements may be modified to reflect technological advances in identification techniques, such as microchip technology, if the Secretary determines that adequate information such as described in this section, will be collected, transferred, and maintained through such technology. (c) Enforcement (1) In general Dealers who fail to act according to the requirements of this section or who include false information in the certification required under subsection (b) of this section, shall be subject to the penalties provided for under section 2149 of this title. (2) Subsequent violations Any dealer who violates this section more than one time shall be subject to a fine of $5,000 per dog or cat acquired or sold in violation of this section. (3) Permanent revocations Any dealer who violates this section three or more times shall have such dealers license permanently revoked. (d) Regulation Not later than 180 days after November 28, 1990, the Secretary shall promulgate regulations to carry out this section. Ask A |
| no one can take a dog or cat, from someone to sell it to protit over is racketeeriong. you get 20 years in prison,no mediucal.thats why craigs list says rehoming. still racketeering stolen property. |
| NO JUDGE CAN GIVE A WARRENT FOR SEIZERS OF ANIMALS.HE WILL GO TO PRISON. |
| TITLE 7 > CHAPTER 54 > § 2159
Prev | Next § 2159. Authority to apply for injunctions How Current is This? (a) Request Whenever the Secretary has reason to believe that any dealer, carrier, exhibitor, or intermediate handler is dealing in stolen animals, or is placing the health of any animal in serious danger in violation of this chapter or the regulations or standards promulgated thereunder, the Secretary shall notify the Attorney General, who may apply to the United States district court in which such dealer, carrier, exhibitor, or intermediate handler resides or conducts business for a temporary restraining order or injunction to prevent any such person from operating in violation of this chapter or the regulations and standards prescribed under this chapter. (b) Issuance The court shall, upon a proper showing, issue a temporary restraining order or injunction under subsection (a) of this section without bond. Such injunction or order shall remain in effect until a complaint pursuant to section 2149 of this title is issued and dismissed by the Secretary or until an order to cease and desist made thereon by the Secretary has become final and effective or is set aside on appellate review. Attorneys of the Department of Agriculture may, with the approval of the Attorney General, appear in the United States district court representing the Secretary in any action brought under this |
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| TITLE 7 > CHAPTER 54 > § 2131
Prev | Next § 2131. Congressional statement of policy How Current is This? The Congress finds that animals and activities which are regulated under this chapter are either in interstate or foreign commerce or substantially affect such commerce or the free flow thereof, and that regulation of animals and activities as provided in this chapter is necessary to prevent and eliminate burdens upon such commerce and to effectively regulate such commerce, in order— (1) to insure that animals intended for use in research facilities or for exhibition purposes or for use as pets are provided humane care and treatment; (2) to assure the humane treatment of animals during transportation in commerce; and (3) to protect the owners of animals from the theft of their animals by preventing the sale or use of animals which have been stolen. The Congress further finds that it is essential to regulate, as provided in this chapter, the transportation, purchase, sale, housing, care, handling, and treatment of animals by carriers or by persons or organizations engaged in using them for research or experimental purposes or for exhibition purposes or holding them for sale as pets or for any such purpose or use. |
| TITLE 7 > CHAPTER 54 > § 2133
Prev | Next § 2133. Licensing of dealers and exhibitors How Current is This? The Secretary shall issue licenses to dealers and exhibitors upon application therefor in such form and manner as he may prescribe and upon payment of such fee established pursuant to 2153 of this title: Provided, That no such license shall be issued until the dealer or exhibitor shall have demonstrated that his facilities comply with the standards promulgated by the Secretary pursuant to section 2143 of this title: Provided, however, That any retail pet store or other person who derives less than a substantial portion of his income (as determined by the Secretary) from the breeding and raising of dogs or cats on his own premises and sells any such dog or cat to a dealer or research facility shall not be required to obtain a license as a dealer or exhibitor under this chapter. The Secretary is further authorized to license, as dealers or exhibitors, persons who do not qualify as dealers or exhibitors within the meaning of this chapter upon such persons’ complying with the requirements specified above and agreeing, in writing, to comply with all the requirements of this chapter and the regulations promulgated by the Secretary hereunder. |
| Investigating the investigators
Updated: Tuesday, 08 May 2007, 11:22 AM EDT Published : Tuesday, 08 May 2007, 11:22 AM EDT TAMPA - On any given day, Hillsborough County Animal Services is overwhelmed by dozens of pets and strays. They are processed, entered into a computer, placed in cages, and hopefully put up for adoption. But it doesn't always work so well. "I'm ashamed to have to say we have the highest euthanasia rate in the state," said director Bill Armstrong(. BULL SHIT.) HOW MANY CHILDRENS LIVES ARE TORN APART? About 80 percent of the animals brought into the shelter are put down, compared with 70 percent nationwide. It's one of many critiques in a new report by the American Society for the Prevention of Cruelty to Animals. "The number one area [Animal Services] certainly knew needed to be addressed was shelter management, disease control and isolation," said ASPCA national president Ed Sayres. The non-profit advocacy group says tens of thousands of animals wouldn't have to die in the Hillsborough shelter if proper procedures are implemented. The conclusion of the report is that major changes are needed. Among other findings, the ASPCA says the county facility lacks basic sanitation procedures to avoid cross-contamination. They also say animal feces are not properly removed to prevent disease. And one of the biggest problems: An unreasonable number of pets do not get adopted in a timely manner. "I agree that most of findings in here and observations they saw are probably correct," Armstrong said. "There are very few surprises in here that we didn't know about." In fact, animal services asked the ASPCA to come in and evaluate their shelter so they could figure out ways to improve and increase adoptions. But some of the criticism in the 52-page report hit hard. "I think a lot of my staff were hurt because they work very hard, and they work very hard to do the best job," Armstrong offered. The ASPCA is giving Animal Services a $600,000 grant over three years to make changes, and they are also providing experts on the ground for guidance. Both the ASPCA and Animal Services emphasize that this is not just the shelter's problem -- more people need to adopt the animals. In the wake of the report, and some community concern, Animal Services plans to do is hold an open house on May 10, 15, 18, and 29, so the public can come and take a look at the shelter. They also welcome volunteers. Anyone interested in a tour, or volunteering, can call (813) 744-5660. GET PRIVATE INVESTIGATORS TO TAKE THE JOB'S. |
| Parvo is a race against the Clock.IF ANIMAL CONTROL USES THE EXCUSE, THEY HAD PARVO, THEY WOULD NOT HAVE RESULTS ON A VET BILL OTHER THEN IT WAS DEAD |
| TITLE 18 > PART I > CHAPTER 3 > § 48
Prev | Next § 48. Depiction of animal cruelty How Current is This? (a) Creation, Sale, or Possession.— Whoever knowingly creates, sells, or possesses a depiction of animal cruelty with the intention of placing that depiction in interstate or foreign commerce for commercial gain, shall be fined under this title or imprisoned not more than 5 years, or both. (b) Exception.— Subsection (a) does not apply to any depiction that has serious religious, political, scientific, educational, journalistic, historical, or artistic value. (c) Definitions.— In this section— (1) the term “depiction of animal cruelty” means any visual or auditory depiction, including any photograph, motion-picture film, video recording, electronic image, or sound recording of conduct in which a living animal is intentionally maimed, mutilated, tortured, wounded, or killed, if such conduct is illegal under Federal law or the law of the State in which the creation, sale, or possession takes place, regardless of whether the maiming, mutilation, torture, wounding, or killing took place in the State; and (2) the term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other commonwealth, territory, or possession of the United States. |
| Their using Fake Search Warrent's.be careful. |
| The Bill of Rights
Passed by Congress, September 25, 1789, Ratified by the Senate, December 15, 1791 FIRST AMENDMENT Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or of the right of the people peaceably to assemble and to petition the government for a redress of grievances. SECOND AMENDMENT A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed. THIRD AMENDMENT No soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law. FOURTH AMENDMENT The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. FIFTH AMENDMENT No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militias, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. SIXTH AMENDMENT In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of counsel for his defence. SEVENTH AMENDMENT In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by jury shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law. EIGHTH AMENDMENT Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted. NINTH AMENDMENT The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. TENTH AMENDMENT The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. Later amendments affecting civil liberties: THIRTEENTH AMENDMENT Neither slavery or involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. FOURTEENTH AMENDMENT All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. FIFTEENTH AMENDMENT The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude. NINETEENTH AMENDMENT The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex. PROVISIONS OF ARTICLE I IN THE ORIGINAL CONSTITUTION AFFECTING CIVIL LIBERTIES The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion of Invasion the public Safety shall require it. No Bill of Attainder or ex post facto Law shall be passed. |
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| How would you like it if your puppy was stollen from you or a life time dog you consider your chuld thats on tv.. being adopted out.lnow one gives it a second thought that just odds are it was a stollen animal, and the thioeves are tryn to make bucks off of them. |